Page:United States Statutes at Large Volume 110 Part 2.djvu/270

This page needs to be proofread.

110 STAT. 1321-123 PUBLIC LAW 104-134—APR. 26, 1996 or selected after the date on which the school is granted a charter, the election or selection of the members under subsection (a)(2) shall occur on the earliest practicable date after classes at the school have commenced. Until such date, any other members who have been elected or selected shall serve as an interim Board of Trustees. Such an interim Board of Trustees may exercise all of the powers, and shall be subject to all of the duties, of a Board of Trustees. (d) FIDUCIARIES. —The Board of Trustees of a public charter school shall be fiduciaries of the school and shall set overall policy for the school. The Board of Trustees may make final decisions on matters related to the operation of the school, consistent with the charter granted to the school, this subtitle, and other applicable law. SEC. 2206. STUDENT ADMISSION, ENROLLMENT, AND WITHDRAWAL. (a) OPEN ENROLLMENT. —Enrollment in a public charter school shall be open to all students who are residents of the District of Columbia and, if space is available, to nonresident students who meet the tuition requirement in subsection (e). (b) CRITERIA FOR ADMISSION. —^A public charter school may not limit enrollment on the basis of a student's race, color, religion, national origin, language spoken, intellectual or athletic ability, measures of achievement or aptitude, or status as a student with special needs. A public charter school may limit enrollment to specific grade levels. (c) RANDOM SELECTION.—If there are more applications to enroll in a public charter school from students who are residents of the District of Columbia than there are spaces available, students shall be admitted using a random selection process. (d) ADMISSION TO AN EXISTING SCHOOL.— During the 5-year period beginning on the date that a petition, filed by an eligible applicant seeking to convert a District of Columbia public school or a private or independent school into a public charter school, is approved, the school may give priority in enrollment to— (1) students enrolled in the school at the time the petition is granted; (2) the siblings of students described in paragraph (1); and (3) in the case of the conversion of a District of Columbia public school, students who reside within the attendance boundaries, if any, in which the school is located. (e) NONRESIDENT STUDENTS.— Nonresident students shall pay tuition to attend a public charter school at the applicable rate established for District of Columbia public schools administered by the Board of Education for the type of program in which the student is enrolled. (f) STUDENT WITHDRAWAL. —^A student may withdraw from a public charter school at any time and, if otherwise eligible, enroll in a District of Columbia public school administered by the Board of Education. (g) EXPULSION AND SUSPENSION.— The principal of a public charter school may expel or suspend a student from the school based on criteria set forth in the charter granted to the school. SEC. 2207. EMPLOYEES. (a) EXTENDED LEAVE OF ABSENCE WITHOUT PAY.—